Local Union No. 124 IBEW Pension Trust Fund et al v. Paxton Electric, LLC

Filing 16

ORDER granting 8 motion for default judgment. Signed on 5/4/10 by District Judge Gary A. Fenner. (Mitchell, Lisa)

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF MISSOURI WESTERN DIVISION LOCAL UNION NO. 124 I.B.E.W. PENSION TRUST FUND, et al., Plaintiffs, v. PAXTON ELECTRIC, LLC Defendant. ) ) ) ) ) ) ) ) )

No. 10-0047-CV-W-GAF

DEFAULT JUDGMENT
Upon the motion of Local Union No. 124 IBEW Pension Trust Fund, National Electrical Benefit Fund, Local Union No. 124 IBEW ­ NECA Annuity and 401(k) Trust Fund, IBEW Local Union No. 124 Health and Welfare Fund, IBEW Local Union No. 124 Vacation and Holiday Trust Fund, Electrical Joint Apprenticeship and Training Trust Fund, Labor Management Cooperation Trust, and International Brotherhood of Electrical Workers Local Union No. 124, AFL-CIO, plaintiffs in the above-entitled cause for default judgment pursuant to Rule 55(b)(2) of the Federal Rules of Civil Procedure, and it appearing to the Court that: 1. herein; and 2. The defendant was served through its Registered Agent, Tammy Paxton, by Special Plaintiffs herein on January 15, 2010, filed their Complaint against the defendant

Process Server with a copy of the Summons and Complaint on January 22, 2010, at 2555 NE 307th Street, Turney, Missouri, and therefore the Court has jurisdiction over said defendant; and 3. This action arises and subject matter jurisdiction is properly based on Section 301 of

the Labor Management Relations Act as amended, 29 U.S.C. §185, and Section 502 of the Employee Retirement Income Security Act, 29 U.S.C. §1132, and therefore the Court has subject matter jurisdiction over the within cause; and 4. Defendant has failed to answer or otherwise defend as to plaintiffs' Complaint, or

serve a copy of any answer or other defense upon plaintiffs' attorneys of record or upon plaintiffs;

and the plaintiffs have heretofore filed in the within cause on the 26th day of March, 2010, the following pleadings and caused the same to be mailed by certified mail to: Registered Agent, 2555 NE 307th Street, Turney, Missouri: a. b. c. Plaintiffs' Motion for Default Judgment by the Court (Pursuant to Rule 55(b)(2) Federal Rules of Civil Procedure); Suggestions in Support of Plaintiffs' Motion for Default Judgment by the Court; and Plaintiffs' Affidavit of Failure to Plead or Otherwise Defend in Support of Application for Entry for Default as Required by Rule 55(a) Federal Rules of Civil Procedure. Tammy Paxton,

5.

The Court entered a show-cause order on the 14th day of April, 2010, directing

defendant to show cause why default judgment should not be entered against it and caused said Order to be mailed by certified mail to: Tammy Paxton, Registered Agent. Nevertheless, no proceedings have been made by defendant since the institution of this action or the aforementioned Order of the Court to show cause why default judgment should not be entered; It is therefore, ORDERED, ADJUDGED and DECREED that judgment by default is hereby entered against defendant, Paxton Electric, LLC, and in favor of plaintiffs, Local Union No. 124 IBEW Pension Trust Fund, National Electrical Benefit Fund, Local Union No. 124 IBEW ­ NECA Annuity and 401(k) Trust Fund, IBEW Local Union No. 124 Health and Welfare Fund, IBEW Local Union No. 124 Vacation and Holiday Trust Fund, Electrical Joint Apprenticeship and Training Trust Fund, Labor Management Cooperation Trust, and International Brotherhood of Electrical Workers Local Union No. 124, AFL-CIO, and their respective Trustees for failure to answer or to plead, pursuant to Rule 55(b) of the Federal Rules of Civil Procedure, as follows: COUNT I 1. That the plaintiff, Local Union No. 124 IBEW Pension Trust Fund, have and recover

of and from the defendant for the period August 1, 2008 through January 31, 2009 the amount of
TWENTY-ONE THOUSAND, FIFTY-SIX AND

97/100 ($21,056.97) DOLLARS in unpaid fringe benefit 84/100 ($1,052.84) DOLLARS as and for liquidated

contributions,

ONE THOUSAND, FIFTY-TWO AND

2

damages and

ONE THOUSAND, SIXTY-FOUR AND

29/100 ($1,064.29) DOLLARS representing interest 08/100 ($1,251.08) 20/100 ($112.20)

on the unpaid contributions;
DOLLARS DOLLARS

ONE THOUSAND, TWO HUNDRED FIFTY-ONE AND

representing reasonable attorneys' fees; representing audit costs, for a total of

ONE HUNDRED TWELVE AND

TWENTY-FOUR THOUSAND, FIVE HUNDRED THIRTY-

SEVEN AND

38/100 ($24,537.38) DOLLARS, less payments received of $12,686.08 for a judgment of

ELEVEN THOUSAND, EIGHT HUNDRED FIFTY-ONE AND

30/100 ($11,851.30)

DOLLARS; and for

their costs herein incurred and expended, and that execution issue therefore. 2. Defendant is hereby ordered to permit an accounting of defendant's business

books, records, ledgers and other papers and documents pertaining to the compensation paid to employees, hours worked by employees, monies withheld from employees for taxes paid on account of employees and any additional records or documents relevant to and of assistance in determining the total number of hours worked and/or paid to employees within the jurisdiction of the collective bargaining agreements and Trust Agreement for the period August 1, 2008, to date. 3. That the plaintiff, Local Union No. 124 IBEW Pension Trust Fund, have and recover

of and from the defendant a sum of money as unpaid fringe benefit contributions equal to the number of hours found by said accounting to have been paid to employees covered by said agreements from August 1, 2008, to date times the hourly amounts due under said agreements and that the assessment of liquidated damages, attorneys' fees, audit costs, interest, court costs and judgment for same be reserved until a full and complete accounting of defendant's books and records has been completed and the specific total amounts due and owing by defendant to plaintiff for said period can be ascertained. 4. That the defendant specifically perform the provisions of the collective bargaining

agreements and Trust Agreements, present and future, relating to the reporting and payment of fringe benefits contributions to the Local Union No. 124 IBEW Pension Trust Fund on behalf of employees working under the collective bargaining agreements.

3

5.

That defendant put up cash deposits in advance of work and/or enter into an escrow

arrangement with plaintiff or post a corporate bond guaranteeing performance under the collective bargaining agreement and Trust Agreement. 6. That defendant maintain records with respect to each employee sufficient to

determine the fringe benefits due or which may become due to such employees as required by Section 209 of Employee Retirement Income Security Act of 1974, 29 U.S.C. §1059. COUNT II 1. That the plaintiff, National Electrical Benefit Fund, have and recover of and from the
SEVEN

defendantfor the period August 1, 2008 through January 31, 2009 the amount of
THOUSAND, FORTY-TWO AND

10/100 ($7,042.10) DOLLARS in unpaid fringe benefit contributions, 10/100 ($352.10) DOLLARS as and for liquidated damages and 05/100 ($356.05) DOLLARS representing interest on the unpaid

THREE HUNDRED FIFTY-TWO AND THREE HUNDRED FIFTY-SIX AND

contributions; THREE HUNDRED SIXTY-SEVEN AND 96/100 ($367.96) DOLLARS representing reasonable attorneys' fees;
THIRTY-THREE AND

00/100 ($33.00) DOLLARS representing audit costs, for a total of 21/100 ($8,151.21)
DOLLARS,

EIGHT THOUSAND, ONE HUNDRED FIFTY-ONE AND

less payments

received of $3,731.20 for a judgment of FOUR THOUSAND, FOUR HUNDRED TWENTY AND 01/100

($4,420.01) DOLLARS and for their costs herein incurred and expended, and that execution issue
therefore. 2. Defendant is hereby ordered to permit an accounting of defendant's business

books, records, ledgers and other papers and documents pertaining to the compensation paid to employees, hours worked by employees, monies withheld from employees for taxes paid on account of employees and any additional records or documents relevant to and of assistance in determining the total number of hours worked and/or paid to employees within the jurisdiction of the collective bargaining agreements and Trust Agreement for the period August 1, 2008, to date. 3. That the plaintiff, National Electrical Benefit Fund, have and recover of and from the

defendant a sum of money as unpaid fringe benefit contributions equal to the number of hours
4

found by said accounting to have been paid to employees covered by said agreements from August 1, 2008, to date times the hourly amounts due under said agreements and that the assessment of liquidated damages, attorneys' fees, audit costs, interest, court costs and judgment for same be reserved until a full and complete accounting of defendant's books and records has been completed and the specific total amounts due and owing by defendant to plaintiff for said period can be ascertained. 4. That the defendant specifically perform the provisions of the collective bargaining

agreements and Trust Agreements, present and future, relating to the reporting and payment of fringe benefits contributions to the National Electrical Benefit Fund on behalf of employees working under the collective bargaining agreements. 5. That defendant put up cash deposits in advance of work and/or enter into an escrow

arrangement with plaintiff or post a corporate bond guaranteeing performance under the collective bargaining agreement and Trust Agreement. 6. That defendant maintain records with respect to each employee sufficient to

determine the fringe benefits due or which may become due to such employees as required by Section 209 of Employee Retirement Income Security Act of 1974, 29 U.S.C. §1059. COUNT III 1. That the plaintiff, Local Union No. 124 IBEW ­ NECA Annuity and 401(k) Trust

Fund, have and recover of and from the defendant for the period August 1, 2008 through January 31, 2009 the amount of
TWENTY-EIGHT THOUSAND, FIVE HUNDRED SIXTY-SIX AND

004/100

($28,566.00) DOLLARS in unpaid fringe benefit contributions,
TWENTY-EIGHT AND 32/100 ($1,428.32) DOLLARS as FOUR HUNDRED FORTY-EIGHT AND

ONE THOUSAND, FOUR HUNDRED

and for liquidated damages and ONE THOUSAND,

82/100 ($1,448.82) DOLLARS representing interest on the unpaid 68/100 ($1,324.68) 80/100 ($118.80)
DOLLARS DOLLARS

contributions;

ONE THOUSAND, THREE HUNDRED TWENTY-FOUR AND

representing reasonable attorneys' fees; representing audit costs, for a total of

ONE HUNDRED EIGHTEEN AND

THIRTY-TWO THOUSAND, EIGHT HUNDRED EIGHTY-SIX AND

5

62/100 ($32,886.62) DOLLARS, less payments received of $13,432.32 for a judgment of NINETEEN
THOUSAND, FOUR HUNDRED FIFTY-FOUR AND 30/100 ($19,454.30) DOLLARS; and for their costs

herein incurred and expended, and that execution issue therefore. 2. Defendant is hereby ordered to permit an accounting of defendant's business

books, records, ledgers and other papers and documents pertaining to the compensation paid to employees, hours worked by employees, monies withheld from employees for taxes paid on account of employees and any additional records or documents relevant to and of assistance in determining the total number of hours worked and/or paid to employees within the jurisdiction of the collective bargaining agreements and Trust Agreement for the period August 1, 2008, to date. 3. That the plaintiff, Local Union No. 124 IBEW ­ NECA Annuity and 401(k) Trust

Fund, have and recover of and from the defendant a sum of money as unpaid fringe benefit contributions equal to the number of hours found by said accounting to have been paid to employees covered by said agreements from August 1, 2008, to date times the hourly amounts due under said agreements and that the assessment of liquidated damages, attorneys' fees, audit costs, interest, court costs and judgment for same be reserved until a full and complete accounting of defendant's books and records has been completed and the specific total amounts due and owing by defendant to plaintiff for said period can be ascertained. 4. That the defendant specifically perform the provisions of the collective bargaining

agreements and Trust Agreements, present and future, relating to the reporting and payment of fringe benefits contributions to the Local Union No. 124 IBEW ­ NECA Annuity and 401(k) Trust Fund on behalf of employees working under the collective bargaining agreements. 5. That defendant put up cash deposits in advance of work and/or enter into an escrow

arrangement with plaintiff or post a corporate bond guaranteeing performance under the collective bargaining agreement and Trust Agreement.

6

6.

That defendant maintain records with respect to each employee sufficient to

determine the fringe benefits due or which may become due to such employees as required by Section 209 of Employee Retirement Income Security Act of 1974, 29 U.S.C. §1059.

COUNT IV 1. That the plaintiff, IBEW Local Union No. 124 Health and Welfare Fund, have and

recover of and from the defendant for the period August 1, 2008 through January 31, 2009 the amount of
FIFTY-NINE THOUSAND, THIRTY AND

33/100 ($59,030.33) DOLLARS in unpaid fringe benefit

contributions, TWO THOUSAND, NINE HUNDRED FIFTY-ONE AND 52/100 ($2,951.52) DOLLARS as and for liquidated damages and
TWO THOUSAND, NINE HUNDRED EIGHTY-FIVE AND

63/100 ($2,985.63)

DOLLARS representing interest on the unpaid contributions;
SEVENTY-FIVE AND

TWO THOUSAND, FIVE HUNDRED TWO

77/100 ($2,575.77)

DOLLARS

representing reasonable attorneys' fees;

HUNDRED THIRTY-ONE AND

00/100 ($231.00)

DOLLARS

representing audit costs, for a total of SIXTY25/100 ($67,774.25)
DOLLARS,

SEVEN THOUSAND, SEVEN HUNDRED SEVENTY-FOUR AND

less

payments received of $26,118.40 for a judgment of FORTY-ONE THOUSAND, SIX HUNDRED FIFTYFIVE AND

85/100 ($41,655.85) DOLLARS; and for their costs herein incurred and expended, and

that execution issue therefore. 2. Defendant is hereby ordered to permit an accounting of defendant's business

books, records, ledgers and other papers and documents pertaining to the compensation paid to employees, hours worked by employees, monies withheld from employees for taxes paid on account of employees and any additional records or documents relevant to and of assistance in determining the total number of hours worked and/or paid to employees within the jurisdiction of the collective bargaining agreements and Trust Agreement for the period August 1, 2008, to date. 3. That the plaintiff, IBEW Local Union No. 124 Health and Welfare Fund, have and

recover of and from the defendant a sum of money as unpaid fringe benefit contributions equal to
7

the number of hours found by said accounting to have been paid to employees covered by said agreements from August 1, 2008, to date times the hourly amounts due under said agreements and that the assessment of liquidated damages, attorneys' fees, audit costs, interest, court costs and judgment for same be reserved until a full and complete accounting of defendant's books and records has been completed and the specific total amounts due and owing by defendant to plaintiff for said period can be ascertained. 4. That the defendant specifically perform the provisions of the collective bargaining

agreements and Trust Agreements, present and future, relating to the reporting and payment of fringe benefits contributions to the IBEW Local Union No. 124 Health and Welfare Fund on behalf of employees working under the collective bargaining agreements. 5. That defendant put up cash deposits in advance of work and/or enter into an escrow

arrangement with plaintiff or post a corporate bond guaranteeing performance under the collective bargaining agreement and Trust Agreement. 6. That defendant maintain records with respect to each employee sufficient to

determine the fringe benefits due or which may become due to such employees as required by Section 209 of Employee Retirement Income Security Act of 1974, 29 U.S.C. §1059.

COUNT V 1. That the plaintiff, IBEW Local Union No. 124 Vacation and Holiday Trust Fund, have

and recover of and from the defendant for the period August 1, 2008 through January 31, 2009 the amount of
FOURTEEN THOUSAND, NINE HUNDRED EIGHTY-SIX AND 83/100 SEVEN HUNDRED FORTY-NINE AND

($14,986.83) DOLLARS in

unpaid fringe benefit contributions, and for liquidated damages and

34/100 ($749.34) DOLLARS as 80/100 ($756.80) DOLLARS 53/100 ($809.53)
DOLLARS

SEVEN HUNDRED FIFTY-SIX AND

representing interest on the unpaid contributions;
DOLLARS

EIGHT HUNDRED NINE AND SEVENTY-TWO AND

representing reasonable attorneys' fees;

60/100 ($72.60)

representing audit costs, for a total of

SEVENTEEN THOUSAND, THREE HUNDRED SEVENTY-FIVE AND

8

10/100 ($17,375.10)

DOLLARS,

less payments received of $8,208.64 for a judgment of NINE

THOUSAND, ONE HUNDRED SIXTY-SIX AND

46/100 ($9,166.46)

DOLLARS; and for their costs

herein incurred and expended, and that execution issue therefore. 2. Defendant is hereby ordered to permit an accounting of defendant's business

books, records, ledgers and other papers and documents pertaining to the compensation paid to employees, hours worked by employees, monies withheld from employees for taxes paid on account of employees and any additional records or documents relevant to and of assistance in determining the total number of hours worked and/or paid to employees within the jurisdiction of the collective bargaining agreements and Trust Agreement for the period August 1, 2008, to date. 3. That the plaintiff, IBEW Local Union No. 124 Vacation and Holiday Trust Fund, have

and recover of and from the defendant a sum of money as unpaid fringe benefit contributions equal to the number of hours found by said accounting to have been paid to employees covered by said agreements from August 1, 2008, to date times the hourly amounts due under said agreements and that the assessment of liquidated damages, attorneys' fees, audit costs, interest, court costs and judgment for same be reserved until a full and complete accounting of defendant's books and records has been completed and the specific total amounts due and owing by defendant to plaintiff for said period can be ascertained. 4. That the defendant specifically perform the provisions of the collective bargaining

agreements and Trust Agreements, present and future, relating to the reporting and payment of fringe benefits contributions to the IBEW Local Union No. 124 Vacation and Holiday Trust Fund on behalf of employees working under the collective bargaining agreements. 5. That defendant put up cash deposits in advance of work and/or enter into an escrow

arrangement with plaintiff or post a corporate bond guaranteeing performance under the collective bargaining agreement and Trust Agreement.

9

6.

That defendant maintain records with respect to each employee sufficient to

determine the fringe benefits due or which may become due to such employees as required by Section 209 of Employee Retirement Income Security Act of 1974, 29 U.S.C. §1059. COUNT VI 1. That the plaintiff, Electrical Joint Apprenticeship and Training Trust Fund, and have

and recover of and from the defendant for the period August 1, 2008 through January 31, 2009 the amount of
FOUR THOUSAND, FOUR HUNDRED SEVENTY-TWO AND

70/100 ($4,472.70) DOLLARS in

unpaid fringe benefit contributions, TWO HUNDRED TWENTY-THREE AND 65/100 ($223.65) DOLLARS as and for liquidated damages and
TWO HUNDRED TWENTY-FIVE AND

79/100 ($225.79) DOLLARS 78/100 ($220.78)
DOLLARS

representing interest on the unpaid contributions;
DOLLARS

TWO HUNDRED TWENTY AND NINETEEN AND

representing reasonable attorneys' fees;

80/100 ($19.80)

representing audit costs, for a total of ($5,162.72)
DOLLARS,

FIVE THOUSAND, ONE HUNDRED SIXTY-TWO AND

72/100

less payments received of $2,238.72 for a judgment of TWO THOUSAND,

NINE HUNDRED TWENTY-FOUR AND

00/100 ($2,924.00)

DOLLARS; and for their costs herein

incurred and expended, and that execution issue therefore. 2. Defendant is hereby ordered to permit an accounting of defendant's business

books, records, ledgers and other papers and documents pertaining to the compensation paid to employees, hours worked by employees, monies withheld from employees for taxes paid on account of employees and any additional records or documents relevant to and of assistance in determining the total number of hours worked and/or paid to employees within the jurisdiction of the collective bargaining agreements and Trust Agreement for the period August 1, 2008, to date. 3. That the plaintiff, Electrical Joint Apprenticeship and Training Trust Fund, have and

recover of and from the defendant a sum of money as unpaid fringe benefit contributions equal to the number of hours found by said accounting to have been paid to employees covered by said agreements from August 1, 2008, to date times the hourly amounts due under said agreements and that the assessment of liquidated damages, attorneys' fees, audit costs, interest, court costs
10

and judgment for same be reserved until a full and complete accounting of defendant's books and records has been completed and the specific total amounts due and owing by defendant to plaintiff for said period can be ascertained. 4. That the defendant specifically perform the provisions of the collective bargaining

agreements and Trust Agreements, present and future, relating to the reporting and payment of fringe benefits contributions to the Electrical Joint Apprenticeship and Training Trust Fund on behalf of employees working under the collective bargaining agreements. 5. That defendant put up cash deposits in advance of work and/or enter into an escrow

arrangement with plaintiff or post a corporate bond guaranteeing performance under the collective bargaining agreement and Trust Agreement. 6. That defendant maintain records with respect to each employee sufficient to

determine the fringe benefits due or which may become due to such employees as required by Section 209 of Employee Retirement Income Security Act of 1974, 29 U.S.C. §1059. COUNT VII 1. That the plaintiff, Labor Management Cooperation Trust, have and recover of and
ONE

from the defendant for the period August 1, 2008 through January 31, 2009 the amount of
THOUSAND, THREE HUNDRED EIGHT AND

08/100 ($1,308.08) DOLLARS in unpaid fringe benefit
SIXTY-

contributions,

SIXTY-FIVE AND

41/100 ($65.41) DOLLARS as and for liquidated damages and

SIX AND 32/100 ($66.32) DOLLARS AND

representing interest on the unpaid contributions; SEVENTY-THREE
SIX AND

59/100 ($73.59)

DOLLARS

representing reasonable attorneys' fees;

60/100 ($6.60) 00/100

DOLLARS

representing audit costs, for a total of ONE
DOLLARS,

THOUSAND, FIVE HUNDRED TWENTY AND

($1,520.00)

less payments received of $746.24 for a judgment of SEVEN HUNDRED

SEVENTY-THREE AND

76/100 ($773.76)

DOLLARS; and for their costs herein incurred and

expended, and that execution issue therefore. 2. Defendant is hereby ordered to permit an accounting of defendant's business

books, records, ledgers and other papers and documents pertaining to the compensation paid to
11

employees, hours worked by employees, monies withheld from employees for taxes paid on account of employees and any additional records or documents relevant to and of assistance in determining the total number of hours worked and/or paid to employees within the jurisdiction of the collective bargaining agreements and Trust Agreement for the period August 1, 2008, to date. 3. That the plaintiff, Labor Management Cooperation Trust, have and recover of and

from the defendant a sum of money as unpaid fringe benefit contributions equal to the number of hours found by said accounting to have been paid to employees covered by said agreements from August 1, 2008, to date times the hourly amounts due under said agreements and that the assessment of liquidated damages, attorneys' fees, audit costs, interest, court costs and judgment for same be reserved until a full and complete accounting of defendant's books and records has been completed and the specific total amounts due and owing by defendant to plaintiff for said period can be ascertained. 4. That the defendant specifically perform the provisions of the collective bargaining

agreements and Trust Agreements, present and future, relating to the reporting and payment of fringe benefits contributions to the Labor Management Cooperation Trust on behalf of employees working under the collective bargaining agreements. 5. That defendant put up cash deposits in advance of work and/or enter into an escrow

arrangement with plaintiff or post a corporate bond guaranteeing performance under the collective bargaining agreement and Trust Agreement. 6. That defendant maintain records with respect to each employee sufficient to

determine the fringe benefits due or which may become due to such employees as required by Section 209 of Employee Retirement Income Security Act of 1974, 29 U.S.C. §1059. COUNT VIII 1. That the plaintiff, International Brotherhood of Electrical Workers Local Union No.

124, AFL-CIO, have and recover of and from the defendant for the period August 1, 2008 through January 31, 2009 the amount of
FOURTEEN THOUSAND, EIGHTY-FOUR AND

10/100 ($14,084.10)

12

DOLLARS in unpaid fringe benefit contributions, DOLLARS as and for liquidated damages and

SEVEN HUNDRED FOUR AND

20/100 ($704.20) 09/100 ($712.09)

SEVEN HUNDRED TWELVE AND

DOLLARS representing interest on the unpaid contributions; SEVEN HUNDRED THIRTY-FIVE AND 93/100 ($735.93)
DOLLARS DOLLARS

representing reasonable attorneys' fees;

SIXTY-SIX AND

00/100 ($66.00)

representing audit costs, for a total of
DOLLARS,

SIXTEEN THOUSAND, THREE HUNDRED TWO AND

32/100 ($16,302.32)

less payments received of $7,462.40 for a judgment of EIGHT

THOUSAND, EIGHT HUNDRED THIRTY-NINE AND

92/100 ($8,839.92) DOLLARS and for their costs

herein incurred and expended, and that execution issue therefore. 2. Defendant is hereby ordered to permit an accounting of defendant's business

books, records, ledgers and other papers and documents pertaining to the compensation paid to employees, hours worked by employees, monies withheld from employees for taxes paid on account of employees and any additional records or documents relevant to and of assistance in determining the total number of hours worked and/or paid to employees within the jurisdiction of the collective bargaining agreements and Trust Agreement for the period August 1, 2008, to date. 3. That the plaintiff, International Brotherhood of Electrical Workers Local Union No.

124, AFL-CIO, have and recover of and from the defendant a sum of money as unpaid fringe benefit contributions equal to the number of hours found by said accounting to have been paid to employees covered by said agreements from August 1, 2008, to date times the hourly amounts due under said agreements and that the assessment of liquidated damages, attorneys' fees, audit costs, interest, court costs and judgment for same be reserved until a full and complete accounting of defendant's books and records has been completed and the specific total amounts due and owing by defendant to plaintiff for said period can be ascertained. 4. That the defendant specifically perform the provisions of the collective bargaining

agreements and Trust Agreements, present and future, relating to the reporting and payment of fringe benefits contributions to the International Brotherhood of Electrical Workers Local Union No. 124, AFL-CIO on behalf of employees working under the collective bargaining agreements.
13

5.

That defendant put up cash deposits in advance of work and/or enter into an escrow

arrangement with plaintiff or post a corporate bond guaranteeing performance under the collective bargaining agreement and Trust Agreement. 6. That defendant maintain records with respect to each employee sufficient to

determine the fringe benefits due or which may become due to such employees as required by Section 209 of Employee Retirement Income Security Act of 1974, 29 U.S.C. §1059.

IX

That the plaintiffs, Local Union No. 124 IBEW Pension Trust Fund, National Electrical Benefit Fund, Local Union No. 124 IBEW ­ NECA Annuity and 401(k) Trust Fund, IBEW Local Union No. 124 Health and Welfare Fund, IBEW Local Union No. 124 Vacation and Holiday Trust Fund, Electrical Joint Apprenticeship and Training Trust Fund, Labor Management Cooperation Trust, and International Brotherhood of Electrical Workers Local Union No. 124, AFL-CIO, have and recover of and from defendant Paxton Electric, LLC the amount of
HUNDRED FORTY-SIX AND 75/100 ($12,946.75) DOLLARS TWELVE THOUSAND, NINE

as and for liquidated damages and interest
OCTOBER

on the late payment of employee benefit plan contributions for the months of JANUARY
THROUGH JULY

2007;
TWO

2008; reasonable attorney's fees and costs in the amount of
DOLLARS;

THOUSAND AND

00/100 ($2,000.00)

for a total of

FOURTEEN THOUSAND, NINE HUNDRED

FORTY-SIX AND 75/100 ($14,946.75) DOLLARS.

s/ Gary A. Fenner Gary A. Fenner, Judge United States District Court

DATED: May 4, 2010
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